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(영문) 대구지방법원 서부지원 2018.03.26 2017고단1819
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in an act of transferring or taking over an access medium, or in the use or management of an access medium, lease or lease an access medium, or store, deliver or distribute it, knowing that it is to be used for a crime.

Nevertheless, on March 28, 2017, the Defendant would pay 5% of the amount withdrawn from the face of the week in charge of the withdrawal of the money laundering from a person who is in the name of the deceased on March 28, 2017.

At least KRW 500,000 per day may be punished.

In lieu of this, one check shall be sent in order to believe that it is a party.

C. Around March 29, 2017, at a Daegu-dong bus terminal located in 149, Dong-gu, Daegu-gu, Dong-dong, Dong-gu, Dong-gu, Dong-gu, sent a copy of the C.C. Card connected to the Defendant’s name bank account (B), and received and kept a copy of C. C. Bank C. Card (D) necessary to act as a liability for cash withdrawal.

Accordingly, the Defendant transferred the electronic financial transaction access media and kept access media with the knowledge of being used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of account transactions and replies;

1. Details of the Kakao Stockholm dialogue and the content of text messages;

1. Application of Acts and subordinate statutes to receipts of luggage, check cards, invoices, and photographs of suspects;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)1, 6(3)1 (a) and 49(4)2 and 6(3)3 (a) of the Act on the Electronic Financial Transactions and Trade (a point of transfer of access media), and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service and Criminal Act: The defendant's time to commit the instant crime and reflects the defendant, and the circumstances unfavorable to the defendant that have no record of the same kind of punishment: by the instant crime.

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